FOIA Request Report: Massachusetts State Police Suggests Public Safety is Upheld By Withholding Inventory of Non-Lethal Weapons Currently in Use

The Massachusetts State Police recently responded to a Freedom of Information Act request (by this writer, through Muckrock.com, filed here) for records detailing the inventory of non-lethal weapons and less-than-lethal weapons in use in Massachusetts with a rather immediate, same-day rejection of request, citing “public safety” as rationale for the denial of access to public records in this matter, via an exemption in Massachusetts General Law which protects certain-record-disclosure on the basis of its possible endangerment to public safety.

Exemption (n) Pertains to Architecture and Infrastructure

This exemption, as worded, refers primarily to information such as blueprints, schematics, plans, structural layout, and such of buildings, which could viably be considered vital to maintaining security and emergency preparedness–and does not refer in any way to the arsenal of weaponry currently in use by Law Enforcement, whose disclosure should arguably be a subject of public knowledge. Regardless, this exemption was cited:

Exemption (n) protects: records including, but not limited to, blue
prints, plans,policies, procedures and schematic drawings,
which relate to internal layout and structural elements,
security measures, emergency preparedness, threat or vulnerability
assessments, or any other records relating to the security
or safety of persons, buildings, structures, facilities,
utilities, transportation or other infrastructure located
within the commonwealth, the disclosure of which, in the
reasonable judgment of the custodian, subject to review by the
supervisor of public records under subsection (b) of section 10
of chapter 66, is likely to jeopardize public safety.

The Undermining of Public Safety

Specifically, the letter from Staff Counsel for the Massachusetts State Police–issued the same day as the request, which must necessarily call into question the use of cited “reasonable judgment” in this regard–stated that public safety would be “undermined” by providing this requester this information:

The Department, in its reasonable judgment, believes that
providing you with the requested information would undermine public
safety as it relates to the Department’s security measures and
emergency preparedness.

Detriment to Law Enforcement and Public Safety Efforts?

Disclosure of information on this request, the letter went on to say, would negatively impact the Department’s activities in Law Enforcement.

As such, the disclosure of information responsive to this request
may prove detrimental to the Department's law enforcement and
public safety efforts. See also Supervisor of Public Record
Opinion SPR14/554, (Upholding Department’s withholding
of weapons inventory).

Does this mean, in other words, that merely revealing what weaponry is being used in law enforcement –on the public–could be detrimental to these being-protected efforts which involve using this undisclosable weaponry in law enforcement–on the public? And that revealing this information might inhibit public safety efforts, which would be better served by keeping information on this kind of weaponry in use concealed? In other words, it’s better the public is kept in the dark on this matter–and is not kept openly informed on what kind of weaponry is currently being used on them?

What exactly was this requested information, which called forth an Instant Rejection?

The requested information, in its entirety, asked for “a comprehensive, all-inclusive inventory of all Non-Lethal and Less-Than-Lethal Directed-Energy Weapons currently in use on the streets of Massachusetts/on state residents by the Massachusetts State Police or/and by Joint Task Force personnel of any kind including any unit of the Military, through either classified or unclassified programs, through either Operational or Testing/Training programs, and authorized for use either locally or via State or Federal authorities.“

Rejection Upheld on Appeal on Basis of Exemption Being Upheld

This rejection of FOIA request was appealed as directed, in a letter to the Supervisor of Public Records, on the grounds that public safety could only be ensured by public knowledge of this rather vital information, concerning what non-lethal weapons exactly are currently in use on the streets of Massachusetts, and spelling out a list of patented technologies applicable to non-lethal weapons currently being tested and used in the US, and putatively in use in Massachusetts (text of appeal below).

The concerns in this appeal were not addressed.

In a rather convoluted and circular response not directly addressed to the requester, the Supervisor of Public Records informed Staff Counsel for the Massachusetts State Police they had “met its burden of specificity” in denying access to the public records requested. This letter referred obliquely to (unpublished) correspondence from the Massachusetts State Police supposedly explaining the reason for the rejection of the initial request, but really just restating the rejection, verbatim.

In the Department's response as well as correspondence with this
office you explained that in the Department's reasonable judgment
it believes releasing an inventory and/or the technical
Specifications of weapons it does (or does not have) would
undermine public safety as it relates to security measures and
emergency preparedness. The release of this information
would be detrimental to the Department's law enforcement and public
safety efforts.
I find the Department has met its burden of specificity in denying
access to public records pursuant to Exemptions (n).

An added piece of verbiage of note from this letter seems to suggest that such records can be denied selectively, which seems rather curious and appears to imply that records denied to one requestor via this Exemption could possibly be released secretly to other requestors:

It is the duty of the custodian of records to exercise reasonable
judgment to determine whether release of the record is likely to
jeopardize public safety. Given the unique statutory construction
of Exemption (n), records released to a particular individual
through this exemption need not be released to all subsequent
requestors. SPR Bulletin NO. 04-03 (April 1, 2003).

To conclude, it is distressing that public records of so significant a nature are being withheld from the public. The non-consensual, experimental use of radiation weaponry on residents–currently being tested by Defence contractors, and putatively in widespread covert use via joint DoD/DoJ/Intel Memoranda of Understanding, as explored here–and wrongfully named “non-lethal” or “less-than-lethal” has long been noted by non-consenting “targeted individuals” affected, all over the US, and in Massachusetts. This is weaponry which uses electromagnetic, acoustic, and scalar technologies, is covert or “plausibly deniable” by nature of its use of invisible radiation, and is extremely deleterious to human health. The denial of access to clear and open information on this weaponry currently being used by local and state Law Enforcement does the public an enormous disservice.

This is an issue that must be further pursued by investigative journalists. The open disclosure of current, ongoing nonconsensual human experimentation in the United States and of the undisclosed DoD/DoJ/Intel use of harmful radiation neuroweaponry on American(and global) populations for whatever purpose, with whatever intentionality, is at stake.

Text of Appeal

For public record, the text of the appeal succeeding the denial of this original FOIA request is reproduced below. All letters and responses from Massachusetts State Police and the Supervisor of Public Records may be found at Muckrock.

Especial note may be taken here of the opportunities provided by this appeal for Law Enforcement to assure the public of a base interest in protecting the public from unlawful covert assault, in safeguarding the public interest, and in building bridges between communities and Law Enforcement, none of which were met:

To The Supervisor of Public Records Secretary of the Commonwealth

I am writing to appeal the rejection of/and request the reconsideration of my recent 5/29/2015 public records request to the Massachusetts State Police for “a comprehensive, all-inclusive inventory of all Non-Lethal and Less-Than-Lethal Directed-Energy Weapons currently in use on the streets of Massachusetts/on state residents by the Massachusetts State Police or/and by Joint Task Force personnel of any kind including any unit of the Military, through either classified or unclassified programs, through either Operational or Testing/Training programs, and authorized for use either locally or via State or Federal authorities. “

The immediate, 5/29/2015 response from Massachusetts State Police stated: “The Department, in its reasonable judgment, believes that providing you with the requested information would undermine public safety as it relates to the Department’s security measures and emergency preparedness. As such, the disclosure of information responsive to this request may prove detrimental to the Department’s law enforcement and public safety efforts. See also Supervisor of Public Record Opinion SPR14/554, Upholding Department’s withholding of weapons inventory).”

Exemption from public disclosure was cited as relevant to “Massachusetts General Laws, Chapter 4, §7, cl. 26 (n).

Exemption (n) protects:records including, but not limited to, blue prints, plans,policies, procedures and schematic drawings, which relate to internal layout and structural elements, security measures, emergency preparedness, threat or vulnerability assessments, or any other records relating to the security or safety of persons, buildings, structures, facilities, utilities, transportation or other infrastructure located within the commonwealth, the disclosure of which, in the reasonable judgment of the custodian, subject to review by the supervisor of public records under subsection (b) of section 10 of chapter 66, is likely to jeopardize public safety. “

1. I would like to point out that my request in no way asks for “blue prints, plans, policies, procedures and schematic drawings, which relate to internal layout and structural elements, security measures, emergency preparedness, threat or vulnerability assessments, or any other records relating to the security or safety of persons, buildings, structures, facilities, utilities, transportation or other infrastructure located within the commonwealth. ” In no way does my request undermine or seek to undermine public safety, security, or emergency preparedness by seeking divulgence of architectural or infrastructural or logistical information of any kind.

2. I am unable to locate the referenced “Supervisor of Public Record Opinion SPR14/554, Upholding Department’s withholding of weapons inventory” in the public domain and would appreciate further information, if this is relevant.

3. I am in fact making this request very much in the public interest, and as a matter of public safety. It is a matter of public knowledge that the Department of Justice and the Department of Defense have engaged in, and continue to engage in joint development for joint use of non-lethal and less-than-lethal weapons via Memoranda of Understanding and various internal policies as well as public acknowledgements, as in the President’s Recent 21st-Century Policing Report. It is however not a matter of public knowledge what exactly the non-lethal and less-than-lethal weapons are that are currently in use by State and Local Police departments.

4. Given that Law Enforcement is here to protect citizens and our common living space here in Massachusetts, it follows that every citizen and every resident of Massachusetts needs have an awareness and clear understanding of how exactly this protection is being ascertained, and what technologies and weapons exactly are being deployed in the establishment of this protection and public safety.

5. Many non-lethal weapons and less-than-lethal weapons, by their very nature, fall into a special classification, because they are remote radiation weapons, electrical weapons, and electronic weapons whose silent and invisible radiation/electromagnetic/ultrasonic discharge cannot be visibly or audibly witnessed in public, but can only be perceived, sensed, and impacted on the body, brain, central nervous system, muscles, and organs of the person on whom the weapon is used. As such, these are Covert weapons, and therefore it is doubly in the interests of public safety that all members of the public be fully informed as to what particular Covert weapons the State Police has currently in its arsenal, and is deploying currently, within the Commonwealth of Massachusetts.

To specify, the kind of non-lethal and less-than-lethal weapons being referred to here include those discussed in this brochure from the Department of Defense:

Other extant “non-lethal” technologies and weapons that have been developed include those deploying the mechanisms related in these patents, among others, knowledge of which patents is publicly available and can be found online:

USP # 6,488,617 (December 3, 2002) Method and Device for Producing a Desired Brain State Katz, Bruce Abstract — A method and device for the production of a desired brain state in an individual contain means for monitoring and analyzing the brain state while a set of one or more magnets produce fields that alter this state.

USP # 6,426,919 (July 30, 2002) Portable and Hand-Held Device for Making Humanly Audible Sounds… Gerosa, William Abstract — A portable and hand-held device for making humanly audible sounds responsive to the detecting of ultrasonic sounds.

USP # 6,239,705 (May 29,2001) Intra-Oral Electronic Tracking Device Glen, Jeffrey Abstract — An improved stealthy, non-surgical, biocompatable electronic tracking device is provided in which a housing is placed intraorally. The housing contains microcircuitry. The microcircuitry comprises a receiver, a passive mode to active mode activator, a signal decoder for determining positional fix, a transmitter, an antenna, and a power supply. Optionally, an amplifier may be utilized to boost signal strength. The power supply energizes the receiver. Upon receiving a coded activating signal, the positional fix signal decoder is energized, determining a positional fix. The transmitter subsequently transmits through the antenna a position locating signal to be received by a remote locator.

USP # 6,167,304 (December 26, 2000) Pulse Variability in Electric Field Manipulation of Nervous Systems Loos, Hendricus Abstract — Apparatus and method for manipulating the nervous system of a subject by applying to the skin a pulsing external electric field which, although too weak to cause classical nerve stimulation, modulates the normal spontaneous spiking patterns of certain kinds of afferent nerves.

USP # 6,091,994 (July 18, 2000) Pulsative Manipulation of Nervous Systems Loos, Hendricus Abstract — Method and apparatus for manipulating the nervous system by imparting subliminal pulsative cooling to the subject’s skin at a frequency that is suitable for the excitation of a sensory resonance.

USP # 6,081,744 (June 27, 2000) Electric Fringe Field Generator for Manipulating Nervous Systems Loos, Hendricus Abstract — Apparatus and method for manipulating the nervous system of a subject through afferent nerves, modulated by externally applied weak fluctuating electric fields, tuned to certain frequencies such as to excite a resonance in neural circuits. Depending on the frequency chosen, excitation of such resonances causes in a human subject relaxation, sleepiness, sexual excitement, or the slowing of certain cortical processes.

USP # 6,052,336 (April 18, 2000) Apparatus and Method of Broadcasting Audible Sound Using Ultrasonic Sound as a Carrier Lowrey, Austin, III Abstract — An ultrasonic sound source broadcasts an ultrasonic signal which is amplitude and/or frequency modulated with an information input signal originating from an information input source. If the signals are amplitude modulated, a square root function of the information input signal is produced prior to modulation. The modulated signal, which may be amplified, is then broadcast via a projector unit, whereupon an individual or group of individuals located in the broadcast region detect the audible sound.

USP # 6,017,302 (January 25, 2000) Subliminal Acoustic Manipulation of Nervous Systems Loos, Hendricus Abstract — In human subjects, sensory resonances can be excited by subliminal atmospheric acoustic pulses that are tuned to the resonance frequency. The 1/2 Hz sensory resonance affects the autonomic nervous system and may cause relaxation, drowsiness, or sexual excitement, depending on the precise acoustic frequency near 1/2 Hz used. The effects of the 2.5 Hz resonance include slowing of certain cortical processes, sleepiness, and disorientation. For these effects to occur, the acoustic intensity must lie in a certain deeply subliminal range. Suitable apparatus consists of a portable battery-powered source of weak subaudio acoustic radiation. The method and apparatus can be used by the general public as an aid to relaxation, sleep, or sexual arousal, and clinically for the control and perhaps treatment of insomnia, tremors, epileptic seizures, and anxiety disorders. There is further application as a nonlethal weapon that can be used in law enforcement standoff situations, for causing drowsiness and disorientation in targeted subjects. It is then preferable to use venting acoustic monopoles in the form of a device that inhales and exhales air with subaudio frequency.

USP # 6,011,991 (January 4, 2000) Communication System & Method Including Brain Wave Analysis… Mardirossian, Aris Abstract — A system and method for enabling human beings to communicate by way of their monitored brain activity. The brain activity of an individual is monitored and transmitted to a remote location (e.g. by satellite). At the remote location, the monitored brain activity is compared with pre-recorded normalized brain activity curves, waveforms, or patterns to determine if a match or substantial match is found. If such a match is found, then the computer at the remote location determines that the individual was attempting to communicate the word, phrase, or thought corresponding to the matched stored normalized signal.

Method & Apparatus for Remotely Determining Information as to Person’s Emotional State ~ Stirbl, et al. Abstract — In a method for remotely determining information relating to a person’s emotional state, an waveform energy having a predetermined frequency and a predetermined intensity is generated and wirelessly transmitted towards a remotely located subject. Waveform energy emitted from the subject is detected and automatically analyzed to derive information relating to the individual’s emotional state. Physiological or physical parameters of blood pressure, pulse rate, pupil size, respiration rate and perspiration level are measured and compared with reference values to provide information utilizable in evaluating interviewee’s responses or possibly criminal intent in security sensitive areas.

USP # 5,289,438 (February 22, 1994) Method & System for Altering Consciousness Gall, James Abstract — A system for altering the states of human consciousness involves the simultaneous application of multiple stimuli, preferable sounds, having differing frequencies and wave forms.

USP # 5,135,468 (August 4, 1992) Method & Apparatus of Varying the Brain State of a Person by Means of an Audio Signal Meissner, Juergen P. Abstract — A method of varying the brain state of a person includes the steps of supplying the first audio signal to one ear of the person, supplying a second audio signal to the other ear of the person, and substantially continuously varying the frequency of at least one of the first and second audio signals to vary the brain state of the person.

USP # 4,958,638 (September 25, 1990) Non-Contact Vital Signs Monitor Sharpe, Steven, et al. Abstract — An apparatus for measuring simultaneous physiological parameters such as heart rate and respiration without physically connecting electrodes or other sensors to the body. A beam of frequency modulated continuous wave radio frequency energy is directed towards the body of a subject. The reflected signal contains phase information representing the movement of the surface of the body, from which respiration and heartbeat information can be obtained.

USP # 4,877,027 (October 31, 1989) Hearing System Brunkan, Wayne B. Abstract — Sound is induced in the head of a person by radiating the head with microwaves in the range of 100 megahertz to 10,000 megahertz that are modulated with a particular waveform. The waveform consists of frewuency modulated bursts. each burst is made up of 10 to 20 uniformly spaced pulses grouped tightly together. the burst width is between 500 nanoseconds and 100 microseconds.

USP # 4,834,701 (May 30, 1989) Apparatus for Inducing Frequency Reduction in Brain Wave Masaki, Kazumi Abstract — Frequency reduction in human brain wave is inducible by allowing human brain to perceive 4-16 hertz beat sound. Such beat sound can be easily produced with an apparatus, comprising at least one sound source generating a set of low-frequency signals different each other in frequency by 4-16 hertz. Electroencephalographic study revealed that the beat sound is effective to reduce beta-rhythm into alpha-rhythm, as well as to retain alpha-rhythm.

USP # 4,573,449 (March 4, 1986) Method for Stimulating the Falling Asleep and/or Relaxing Behavior of a Person Warnke, Egon F. Abstract — A method and apparatus is provided with which a person suffering from sleeplessness can be more easily relaxed and may more rapidly fall asleep. In particular, sound pulses are emitted by an electro-acoustic transducer, according to the cadence of which, the person seeking to fall asleep is induced to breathe in and out over a predetermined period of time.

USP # 3,951,134 (April 20, 1976) Apparatus & Method for Remotely Monitoring & Altering Brain Waves Malech, Robert G. Abstract — Apparatus for and method of sensing brain waves at a position remote from a subject whereby electromagnetic signals of different frequencies are simultaneously transmitted to the brain of the subject in which the signals interfere with one another to yield a waveform which is modulated by the subject’s brain waves. The interference waveform which is representative of the brain wave activity is re-transmitted by the brain to a receiver where it is demodulated and amplified. The demodulated waveform is then displayed for visual viewing and routed to a computer for further processing and analysis. The demodulated waveform also can be used to produce a compensating signal which is transmitted back to the brain to effect a desired change in electrical activity therein.

USP # 3,884,218 (May 20, 1975) Method of Inducing & Maintaining Various Stages of Sleep in the Human Being Monroe, Robert A. Abstract — A method of inducing sleep in a human being wherein an audio signal is generated comprising a familiar pleasing repetitive sound modulated by an EEG sleep pattern.

USP # 3,837,331 (September 24, 1974) System & Method for Controlling the Nervous System of a Living Organism Ross, S. Abstract — A novel method for controlling the nervous system of a living organism for therapeutic and research purposes, among other applications, and an electronic system utilized in, and enabling the practice of the invented method.

6. It is a matter of grave public concern that the public be fully aware of what kind of non-lethal weapons, among those listed above, are currently in the possession of or are currently being used or being planned to be used by State Law Enforcement. Many of the patents listed and weapons referenced in Department of Defense publications, including in the brochure linked above, pose problems related to privacy, civil liberties, and human rights. In this light, it is very much in the public interest to keep the public informed and aware as to the specific State inventory of non-lethal and less-than-lethal technologies.

7. The non-lethal weapons referenced here are often telecommunications and electronic communications devices. Section 43A of Massachusetts Law makes reference to criminal harassment by acts conducted by use of telecommunication and electronic communication devices:

Section 43A. (a) Whoever willfully and maliciously engages in a knowing pattern of conduct or series of acts over a period of time directed at a specific person, which seriously alarms that person and would cause a reasonable person to suffer substantial emotional distress, shall be guilty of the crime of criminal harassment and shall be punished by imprisonment in a house of correction for not more than 21/2 years or by a fine of not more than $1,000, or by both such fine and imprisonment. The conduct or acts described in this paragraph shall include, but not be limited to, conduct or acts conducted by mail or by use of a telephonic or telecommunication device or electronic communication device including, but not limited to, any device that transfers signs, signals, writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo-electronic or photo-optical system, including, but not limited to, electronic mail, internet communications, instant messages or facsimile communications.

(b) Whoever, after having been convicted of the crime of criminal harassment, commits a second or subsequent such crime, or whoever commits the crime of criminal harassment having previously been convicted of a violation of section 43, shall be punished by imprisonment in a house of correction for not more than two and one-half years or by imprisonment in the state prison for not more than ten years.

8. Section 1 of Senate Bill No.1252, presented by Eileen M Donoghue 1/16/2015, also includes reference to electrical weapons designed to incapacitate, injure, or kill, and includes allusion to their possession by Law Enforcement: 8. “electrical weapon”, a portable device or weapon from which an electrical current, impulse, wave or beam may be directed, which current, impulse, wave or beam is designed to incapacitate temporarily, injure or kill, including, but not limited to, a taser or stun

This bill petition also references Law Enforcement possession of such electrical weapons: “Nothing in this section shall prohibit possession of the above weapons by (i) a federal, state or municipal law enforcement officer, or member of a special reaction team in a state prison or designated special operations or tactical team in a county correctional facility, acting in the discharge of his or her official duties who has completed a training course approved by the secretary of public safety in the use of such a device or weapon; (ii) military personnel who possess such weapons in question as part of their official duties; or (iii) an authorized supplier of such devices or weapons if possession of the device or weapon is necessary to the supply or sale of the device or weapon within the scope of a legitimate sale or supply enterprise. “

9. The Fourth Amendment to the Constitution of the United States makes reference to the public’s right to privacy from any kind of “search and seizure”:

Amendment IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.https://www.law.cornell.edu/wex/fourth_amendment

10. If non-lethal weapons are being used covertly–as they can indeed be, very easily, as described above–either by individuals or by members of State or Local Police within the Commonwealth of Massachusetts, for whatever purpose, whether it be “surveillance”, “concealed electronic monitoring,” “radiation surveillance,” “radiation intelligence,” “signals intelligence,” or any other, their use inevitably must be subject to Massachusetts and US laws, and should be a matter of public knowledge. Persons being surreptitiously “surveilled,” “monitored,” “interrogated,” “treated,” or in any way assaulted covertly by these weapons, whether by Law Enforcement or Intelligence agencies or Defense or contracted personnel, or by any Joint Task Force, or/and with the collusion of communities and neighborhoods, should in every way be fully informed of whatever charges are being used against them to permit such Covert action, in the interests of their rights to privacy and due process.

For all these reasons, to inform the public openly and transparently, to build bridges between communities and Law Enforcement, to ensure that Law Enforcement, just like every member of the public, is not above the Law, and to guarantee public safety through open disclosure and public information, I ask respectfully that my initial request for open publication of the Inventory of Non-Lethal Weapons and Less-than-Lethal Weapons being held and being deployed by Massachusetts State Police be filled.

***

Please consider submitting similar FOIA requests asking for an inventory of non-lethal and directed-energy weapons being used on residents in your respective state. If you use Muckrock–which makes it easy to make FOIA requests online–you can go in and “clone” this request. It would be interesting to note the responses, and it would be vital in alerting public authorities to public awareness.

And until more of us start getting very public about our concern regarding non-lethal weapons being used covertly–as they are, currently–to affect and assault nervous systems, brains, and bodies, this incredible abuse will continue. The first step to termination of 21st-century covert abuse of bodies, brains, and rights is exposure.